In rural areas and in older subdivisions, it is common to find streets, roads or alleys which were never developed or are no longer used or maintained as public ways by the local governmental authorities. Frequently, these areas are mowed or used by adjoining landowners as a part of that landowner’s property without knowledge that once a strip becomes a public way, it remains a public way until the appropriate local governmental authority follows the required statutory procedure to vacate the road. In rural areas, the County Commissioners have the authority to vacate public ways. In incorporated cities and towns, the authority to vacate public ways lies with the city council or town board. (more…)
Posts Tagged ‘Adam J. Farrar’
Vacation of Public Rights-of-Way
Thursday, August 26th, 2010Indiana Classified Forest Program
Tuesday, August 17th, 2010Indiana law allows a property owner to classify his or her property as (1) a forest plantation, (2) a wildland, or (3) a native forest land if the property contains at least ten (10) contiguous acres and meets the statutory criteria and the approval of the state forester. The criteria for determining if land qualifies as either of the three classifications is set out by statute. In return for the classification and the property owner’s abidance by the state’s rules, the property is assessed for real estate taxation purposes at one dollar ($1) per acre. (more…)
Residential Contractors Beware – Pitfalls Ahead! The Indiana Home Improvements Contract Act
Tuesday, August 10th, 2010In an effort to protect consumers, in 1987 the Indiana legislature passed the Indiana Home Improvement Contracts Act. The Act places very specific minimum requirements on the terms of every home improvement contract for a price over $150.00. (more…)
A Mineral Owner’s Primer for Escaping a Bad Oil and Gas Lease the Old Fashioned Way
Thursday, July 22nd, 2010Most Indiana mineral owners and oil and gas operators are familiar with the Indiana cancellation statute for oil and gas leases. Generally stated, the statute provides that if a mineral owner (usually also the surface owner) can establish that there has been a cessation in oil or gas operations on the leased property for over one year, that person can file an affidavit with the County Recorder to terminate the lease.
(more…)
Protesting the Unlawful Award of a Public Works Contract
Tuesday, July 6th, 2010Governmental entities are subject to strict requirements in soliciting and awarding bids for public works projects. The rules for competitive bidding are designed to protect the interests of the taxpayers and to ensure that the work is performed by the bidder in a workmanlike and professional manner. (more…)
Farm Leases: A Case for Putting it Down on Paper
Thursday, May 27th, 2010While the landowner and the tenant farmer often prefer to avoid complicating a farm lease transaction with written contracts, both parties can save themselves a great deal of difficulty in the future by making sure they have a meeting of the minds put down in writing. (more…)